H1B, H4 Visa

I have been working with this employer since past once year and they took all my documents to file H1B petition in this season’s cap. They even confirmed on 2nd April 2014 that all my documents have been sent out to the USCIS. The season’s cap quota filled up on 7th April 2014 and that’s when they called me to inform that my petition has not been filed and therefore not been sent to USCIS. They explained that their attorney made a last minute mistake and overlooked a few documents. Basically, I had a previous H1B through a non-profit employer and at the very last minute before sending out the documents they said that the attorney thought that my H1B can simply be transferred. I had a good chance of being picked up under lottery as my application was going to be filed in advanced degree exemption quota.

I realize that there was a big communication gap in between this company’s HR, Immigration and the Attorneys. I have been on the top of my application since January 2014 and communicating back and forth with the HR and the Immigration. I have requested the HR and Immigration several times to arrange a telephonic conversation between myself, Attorney and the Immigration team in last few weeks, yet they were persistent that all my documents were complete and that the attorney doesn’t require any additional documentation. A lot of times the HR was rude on phone and over IM if I would check the status and ask them for any updates related to my case. The HR/Immigration even informed me that my documents have been sent to the USCIS.

If this company’s Immigration department would have arranged a telephonic conversation with the Attorney as per my request or checked the status in between 1st and 4th April as per my suggestion, I would not have faced this consequence. I was asked by the HR not to contact the Immigration or anybody and that everything has been taken care of and my petition is filed in master’s premium quota in this season’s cap on 2nd April 2014. I believe, it was this company’s responsibility to follow-up with the attorneys and get me or any candidate status updates if anything else was required. I cannot absorb that the attorneys did not realize this until the very last day. I clearly mentioned to the immigration, HR and the attorneys that a new H1B needs to be filed as my previous H1B is non-transferrable.

I was the one who was checking continuously if my LCA was applied and that my petition will be filed in the advanced degree exemption quota. The company was filing my H1B petition under regular cap until I clearly indicated them that my application has to be filed under master’s quota as I have a US master’s degree. I was told long before that my LCA is applied and certified when the Immigration/Attorney didn’t even apply my LCA until 25th March. When the LCA got certified on 31th march, that’s when he said that I was right and this LCA is mine only. The HR and Immigration team insisted on that I shouldn’t contact them any further for updates and trust them and their attorneys since they have been in this business for over twenty years. Wednesday, 04/02 was the last time I got a response from the HR and the Immigration team. They clearly indicated that my petition has been filed and sent out to the USCIS.

I have spent roughly $80,000 on my graduate school in the last 1.5 year. My current F1 status is expiring in September 2014 and I have no valid work authorization after this time. The only way, I can continue living in US is going for a PhD degree. This will cost me a lot of money.

I have declined two major opportunities that came my way in January to accept this offer but this company totally ruined my career. I have been waiting on for past two years to get an H1B and was really hoping that this year I can get my H1B and the company could file my Greencard. I am not only looking at this huge educational expense but also damage due to company’s negligence, opportunity costs, immigration carelessness and employment and labor.

It is a billion dollar company and their immigration and human resources realize that it’s their mistake but no appropriate measures have been taken yet to salvage the situation. I am planning to file a lawsuit against the company if they don’t come up with a reasonable damage control and settlement amount. I have all the written emails and conversations where they have mentioned clearly that they have sent out all the documents to the USCIS. I have every proof to proof myself right in this situation.

Please help me!! I am going through a great emotional distress.